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1 - 6 of 6 (0.30 seconds)Section 107 in The Code of Criminal Procedure, 1973 [Entire Act]
The Code of Criminal Procedure, 1973
M.Gnanasekar vs State Of Tamil Nadu on 11 June, 2007
2. It is submitted by the learned counsel for the petitioners that the first respondent without properly appreciating the scope of Section 107 and 111 of the Cr.P.C., initiated proceedings against two parties and issued summons to both the parties asking them to appear for enquiry and therefore, the notice issued by the first respondent is contrary to Section 111 of the Cr.P.C., and on that ground, the proceedings is liable to be quashed. He also submitted that under section 107 of the Cr.P.C., both the factions cannot be called for enquiry by issuing notice under Section 111 of the Cr.P.C., and on that ground, it is liable to be quashed. He also relied upon the judgments reported in 1984 LW (Crl) 112 in the matter of Ayyavoo Chettiar and Others Vs. Inspector of Police, Ennore Circle, Ennore, Kuppuraj and others and the State represented by the Inspector of Police, Ennore Circle, Ennore; 1983 LW (Crl) 218 in the matter of Sadayan and others vs. Paramasivam and others; 1994-1-LW (Crl) 160 in the matter of Gnanasekar Vs. State and 1987 LW (Crl) 49 in the matter of Shanmugiah and others Vs. State through Inspector of Police, Usilampatti and others, in support of his contention.
K.P. Murugesan And Ors. vs State By Inspector Of Police, Keeranur ... on 28 July, 1983
6. In the judgments relied upon by the learned counsel for the petitioners, order passed under Section 111 of the Cr.P.C. was challenged and in that context, the learned Judge has held that while issuing order under Section 111 of the Cr.P.C., both factions cannot be directed to appear for enquiry. The same is also reiterated in the judgments reported in 1983 L.W.(Crl.)221 in the matter of K.P.Murugesan and 96 others v. State by Inspector of Police, Keeranur; 1982 L.W.(Crl)61 in the matter of Athianna Gounder and others v. Nachiappan and others and 1981 L.W.(Crl) 106 in the matter of Thirumalaiappa Gounder alias C.Chinnaswamy & others.
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
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